[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Notices]
[Page 9094-9095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-100]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Draft Endangered Karst Invertebrate Survey Guidance, Draft Karst
Feature Survey Guidance, Draft Preserve Design To Conserve Endangered
Karst Invertebrates Guidance, and Draft Recommendations for Protection
of Water Quality of the Edwards Aquifer
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) provides an
update on its intentions to revise and make available for public
comment the following documents: (1) Draft karst feature survey
guidance; (2) draft endangered karst invertebrate survey guidance; (3)
draft preserve design to conserve endangered karst invertebrates
guidance; and (4) draft recommendations for protection of water quality
of the Edwards Aquifer. The first two documents are survey guidance for
use in determining: (1) The presence of karst features that may contain
potential habitat for karst invertebrates listed under the Endangered
Species Act of 1973 (as amended) as endangered in central Texas; and
(2) the presence/absence of endangered karst invertebrates within karst
features determined to contain potential habitat. The first three
documents have commonly been known as the ``Karst Protocols'' and the
document that addressed water quality was often called ``water quality
criteria.''
DATES: We will accept public comments on the approach proposed in this
Notice until April 28, 2003.
ADDRESSES: Written comments and information should be submitted to
Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological
Services Field Office, 10711 Burnet Road, Suite 200, Austin, Texas
78758 telephone (512) 490-0057; facsimile (512) 490-0974.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Austin Ecological
Services Field Office (see ADDRESSES).
SUPPLEMENTARY INFORMATION:
Background
Sixteen species of invertebrates known to occur in Bexar, Travis,
Williamson and parts of Burnet counties, Texas, are currently listed as
endangered under the Endangered Species Act. These invertebrates are
only capable of surviving in caves or karstic rock. Karst ecosystems
receive moisture and nutrients from the surface community in the form
of leaf litter and other organic debris that are washed in or fall into
the cave, from tree and other vascular plant roots, and/or through the
feces, eggs or dead bodies of animals. In addition to providing
nutrients to the karst ecosystem, the plant community also filters
contaminants and buffers against changes in temperature and humidity.
The major threats to karst invertebrates include the loss of habitat
due to urbanization; contamination; predation by and competition with
non-native fire ants; and vandalism.
The Edwards Aquifer and associated springs, which includes the
Southern, Barton Springs, and Northern segments, provide habitat for 9
federally listed aquatic species, including three salamanders, two
fish, three aquatic invertebrates and one plant. In addition, 3
candidate species and many other unique aquatic species are also
dependent upon water from the Edwards Aquifer. These species may be
vulnerable to water quality degradation, particularly through
pollutants entering the aquifer by storm water runoff from urban areas.
The Service has reviewed the Karst Protocols and the Water Quality
Recommendations, and decided that an alternative course of action is
preferred because we need to ensure that a wider partnership is
involved when providing guidance to the interested public. To the
extent possible, the Service will use the recovery planning process to
gain the public's review and comment on guidance meant to aid in the
recovery of threatened and endangered species. Through this notice, the
Service announces its intentions to do the following:
(1) With respect to survey guidance for use in determining the
presence of karst features that may contain potential habitat for
endangered karst invertebrates in central Texas, the Service will work
with the Texas Commission on Environmental Quality (TCEQ) and other
partners to update as needed the existing TCEQ guidance on Karst
Feature Surveys. The Service will recognize TCEQ's guidance as suitable
guidance when surveying for karst features.
(2) With respect to survey guidance for endangered karst
invertebrates, the Service will request a panel of experts to review
all new information regarding how to survey for karst invertebrates.
The Service will use the panel's recommendations to modify the section
10(a)(1)(A) permitting requirements and to develop karst invertebrate
survey guidance on when to survey caves and how to survey for
endangered karst invertebrates found in the caves. This guidance will
be made available for review and comment though a Notice of
Availability that will be published in the Federal Register by December
30, 2003.
(3) With respect to guidance for preserve design to conserve
endangered karst invertebrates, the Service intends to incorporate the
guidance as a component of the Service's Bexar County Invertebrate
Recovery Plan. The draft recovery plan will be made available for
review and comment. The Service no longer intends to issue
[[Page 9095]]
separate guidance on the establishment of karst preserves.
Additionally, the Texas Parks and Wildlife Department, with the Service
as a partner, will include ``no take'' guidance for these listed
invertebrates as part of the species accounts that will be developed as
a priority update to the revision of the 1995 Endangered and Threatened
Animals of Texas document published by the Texas Parks and Wildlife
Department. The Service will incorporate the ``no take'' guidance into
the draft recovery plan for the species, which will be available for
public review and comment.
(4) With regard to recommendations for protection of water quality
of the Edwards Aquifer, the Service does not intend to issue separate
guidance. Instead, the draft Barton Springs Salamander Recovery Plan,
which is scheduled to be completed in 2003, will include
recommendations for protection of water quality in the Barton Springs
Zone.
The Service states that prior versions of the Karst Protocols and
Water Quality Recommendations are not rules, regulations, requirements,
or project evaluation criteria of the Service and will not be used as
such by the Service. The documents that have been used in the past as
guidance do not create any legal obligations and have no binding legal
effect, nor do they establish minimum standards or criteria required to
be adopted by state or local governments. Should at any future time the
Service decide that guidance on these subjects, other than as outlined
above, is needed, the Service will make the draft guidance available
for public review and comment for a period of not less than 60 days. At
the conclusion of this period, the Service will determine whether to
publish any final guidance documents on these topics and, if so, in
what form.
Authority: The authority for this action is the Endangered
Species Act, as amended (16 U.S.C.1532 et seq.).
H. Dale Hall,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 03-4612 Filed 2-26-03; 8:45 am]
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